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2022 Supreme(HP) 49

CHANDER BHUSAN BAROWALIA
Anshul, S/o Sh. Sukh Dev – Appellant
Versus
State of H. P. – Respondent


Advocate Appeared:
For the Appellant :SH. PRASHANT SHARMA & SH. AJIT SHARMA, ADVOCATES)
For the Respondent: SH. SHIV PAL MANHANS, SH. BHUPINDER THAKUR & SH. YUDHVIR SINGH THAKUR, DY. AGS)

ORDER :

The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner for grant of bail in case FIR No. 21/2022, dated 28.01.2022, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station Aut, District Mandi, H.P.

2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

3. Police report stands filed. As per the prosecution story, on 28.01.2022, a police had laid a nakka to check the vehicles. Around 1:10 p.m., a Volvo Bus, bearing No. HR 38Z2000, came from the Mandi side, which was signaled to stop. The police associated persons namely Anuj and Mukesh Kumar, passengers of the said bus, as independent witnesses. While checking the luggages of the passengers of bus, when police reached near last seat, a person sitting there threw a packet away from him and put his jacket on the other seat.

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